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2014 Supreme(Raj) 522

KANWALJIT SINGH AHLUWALIA
H. D. F. C. Bank Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Pankaj Gupta, for Petitioner-Bank;
Sudesh Saini, Public Prosecutor, for State;
None present for Respondent No.2

Hon'ble AHLUWALIA, J.—Petitioner/H.D.F.C. Bank Limited, (herein after called as bank) by way of filing instant petition under Section 482 Cr.P.C. has approached this Court for quashing of First Information Report bearing No.134/2009, dated 13/03/2009, registered at Police Station, Chomu, Jaipur Rural for commission of offence punishable under Section 382 I.P.C.

2. Succinctly stated the facts of the instant petition are that the respondent/complainant No.2 (Rajendra Kumar) had approached the petitioner-bank to purchase two-wheeler vehicle i.e. Hero Honda Splender plus; and believing that the respondent/complainant is financially sound, an agreement was executed and the bank had extended loan on 17.02.2006 amounting to Rs.30,529/-. As per agreement, the respondent/ complainant was bound to pay the installments, as agreed on the stipulated date and after purchase, the vehicle was hypotheticated in favour of the petitioner-bank, as per Hire Purchase Agreement.

3. The case of the petitioner/bank is that the respondent/complainant had neither produced the vehicle for inspection nor paid the monthly installment and had ignored the repeated reminders to pay the amount outstanding.

4. It is th




















































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